Section 309-B:7 Issuance and Renewal of Certificates; Maintenance of Competency.
I. The board shall grant or renew certificates to persons who make application and demonstrate that their qualifications, including where applicable the qualifications prescribed by RSA 309-B:5, are in accordance with the requirements of this section, or that they are eligible for licensure under the substantial equivalency standards set out in RSA 309-B:6. The holder of a certificate issued under this section may provide attest services as defined in RSA 309-B:3, I(a), and compilation services as defined in RSA 309-B:3, III-a, only in a CPA firm that holds a permit issued under RSA 309-B:8.
II. Certificates shall be initially issued, and renewed, for periods of not more than 3 years. Annual periods shall coincide with the state's fiscal year, beginning on July 1 and ending on the subsequent June 30. Applications for such certificates shall be made in such form, and in the case of applications for renewal, between such dates, as the board shall by rule specify. The licensee shall have 60 days to renew the certificate. If the renewal forms and fees are not submitted within 60 days after the expiration date of the license, the licensee shall file an application for return to active practice which shall be required to return to active status. A certificate shall remain valid for the period of time that the board requires to act on the application for renewal, provided that the renewal was submitted in accordance with the rules adopted by the board. The board shall grant or deny any application no later than 90 days after the application is filed in proper form. In any case where the applicant seeks the opportunity to show that issuance or renewal of a certificate was mistakenly denied, or where the board is not able to determine whether it should be granted or denied, the board may issue to the applicant a provisional certificate, which shall expire 90 days after its issuance or when the board determines whether or not to issue or renew the certificate for which application was made, whichever shall first occur.
III. With regard to applicants that are not eligible for reciprocity under the substantial equivalency standard set out in RSA 309-B:6, I(b), the board shall issue a certificate to a holder of a certificate, license, or permit issued by another state upon a showing that:
(a) The applicant passed the examination required for issuance of the applicant's certificate with grades that would have been passing grades at the time in this state;
(b) The applicant had at least 4 years of experience outside of this state of the type described in RSA 309-B:5 or meets equivalent requirements prescribed by the board by rule, after passing the examination upon which the applicant's certificate was based and within the 10 years immediately preceding the application;
(c) If the applicant's certificate, license, or permit was issued more than one year prior to the application for issuance of an initial certificate under this section, that the applicant has fulfilled the requirements of continuing professional education that would have been applicable under paragraph IV of this section.
III-a. (a) As an alternative to the requirements of paragraph III, a certificate holder licensed by another state who establishes his or her principal place of business in this state shall request the issuance of a certificate from the board prior to establishing such principal place of business. The board shall issue a certificate to such person who obtains from the NASBA National Qualification Appraisal Service verification that such individual's CPA qualifications are substantially equivalent to the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act.
(b) An application under this paragraph may be made through the NASBA Qualification Appraisal Service.
IV. The board may charge a fee to any licensee of another state receiving a reciprocal certificate under this section, in accordance with rules adopted by the board.
V. Persons requesting issuance of certificates under paragraph IV of this section shall in their request list all states in which they have applied for or hold certificates, or licenses, and list any past denial, revocation, or suspension of a certificate or license and shall notify the board, in writing, within 30 days after its occurrence, of any issuance, denial, revocation, or suspension of a certificate or license by another state.
VI. An application under this section may be made through any qualification service that the board may approve by rule.
VII. For renewal of a certificate under this section each licensee shall participate in a program of learning designed to insure continuing professional competence. The requirements established by the board shall specify any reasonable approach to meeting this requirement, including but not limited to, the setting of hours, the setting of fees, and the conducting of random audits of reports submitted to the board. The approach to meeting this requirement specified by the board shall be comparable to guidelines specified in the Statement on Standards for Continuing Professional Education (CPE) Programs jointly approved by the National Association of State Boards of Accountancy (NASBA) and the American Institute of Certified Public Accountants (AICPA). The board may by rule create an exception to this requirement for licensees who do not perform or offer to perform for the public one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of management advisory, financial advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters. Licensees granted such an exception by the board shall place the word ""inactive'' adjacent to their CPA title or PA title on any business card, letterhead, or any other document or device, with the exception of their CPA certificate or PA registration, on which the CPA or PA title appears.
VIII. The board shall charge a fee for each application for initial issuance or renewal of a certificate under this section in an amount prescribed by the board by rule.
IX. Applicants for initial issuance or renewal of certificates under this section shall in their applications list all states in which they have applied for or hold certificates, licenses, or permits and list any past denial, revocation, or suspension of a certificate, license, or permit, and each holder of or applicant for a certificate under this section shall notify the board in writing, within 30 days after its occurrence, of any issuance, denial, revocation, or suspension of a certificate, license, or permit by another state.
X. The board shall issue a certificate to a holder of a substantially equivalent foreign designation, granted in a foreign country, provided that:
(a) The foreign authority which granted the designation makes similar provision to allow a person who holds a valid certificate issued by this state to obtain such foreign authority's comparable designation; and
(b) The foreign designation:
(1) Was duly issued by a foreign authority that regulates the practice of public accountancy and the foreign designation has not expired or been revoked or suspended;
(2) Entitles the holder to issue reports upon financial statements; and
(3) Was issued upon the basis of educational, examination, and experience requirements established by the foreign authority or by law; and
(c) The applicant:
(1) Received the designation, based on educational and examination standards substantially equivalent to those in effect in this state, at the time the foreign designation was granted;
(2) Completed an experience requirement, substantially equivalent to the requirement set out in RSA 309-B:5, IX, in the jurisdiction which granted the foreign designation or has completed at least 4 years of professional experience in this state; or meets equivalent requirements prescribed by the board by rule, within the 10 years immediately preceding the application; and
(3) Passed a uniform qualifying examination in national standards acceptable to the board.
XI. An applicant under paragraph X shall in the application list all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy, and each holder of a certificate issued under this paragraph shall notify the board in writing, within 30 days after its occurrence, of any issuance, denial, revocation, or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction.
XII. The board has the sole authority to interpret the application of the provisions of paragraphs X and XI.
XIII. The board shall by rule require as a condition for renewal of a certificate under this section, by any certificate holder who issues compilation reports for the public other than through a CPA firm, that such individual undergo, no more frequently than once every 3 years, a peer review conducted in such manner as the board shall by rule specify, and such review shall include verification that such individual has met the competency requirements set out in professional standards for such services.
XIV. Upon the request of a licensee or certificate holder who is a member of any reserve component of the armed forces of the United States or the national guard and is called to active duty, the board shall place the person's license or certificate on inactive status. The license or certificate may be reactivated within one year of the person's release from active status by payment of the renewal fee and with proof of completion of the most current continuing education requirement unless still within the renewal period.
Source. 1999, 236:1, eff. Sept. 7, 1999. 2009, 155:10-13, eff. July 1, 2009.